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Donovan DeSouza v CB Duncan & Associates Ltd, etal
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. CL DO9611998
BETWEEN DONOVAN DeSOUZA CLAIMANT
AND CB DUNCAN & ASSOCIATES LTD. FIRST DEFENDANT
AND VICTOR WHYNE SECOND DEFENDANT
AND KOHAN ROBERTS THIRD DEFENDANT
(Administrator Ad Litem I
in the Estate of Anthony
Roberts, deceased)
C AND ROHAN ROBERTS FOURTH DEFENDANT
Mr. Leonard Green and Miss Sylvan Edwards for the claimant
Mr. Kent Gammon instructed by Dunn Cox for the first and second defendants I !
Miss Jacqueline Cummings and Mr. Sylvester Hemmings instructed by Archer &
Cummings for the third and fourth defendants
May 18 and 19,2004 and June 18,2004
Sykes J (Ag)
PERSONAL INJURY
THE ACCIDENT
On the night of December 16, 1993, along a straight stretch of the Old Harbour
Main Road, the truck driven by Mr. Rohan Roberts (third defendant), stopped under a
street light. Messieurs Roberts and Rose (the handy man and witness for the fourth
defendant) were hunched over the engine of the truck when their concentration was